From legal standards to practice: FULL-PROOF guidance booklets

The procedural rights of suspects and accused persons are fundamental safeguards of fair criminal proceedings. Their effective exercise, however, depends not only on an adequate legal framework, but also on how these rights are ensured in practice, particularly during the early stages of criminal proceedings. 

The FULL-PROOF project has developed guidance booklets to support the more effective implementation of procedural rights in criminal proceedings. They focus on three fundamental procedural rights at the core of the project: the right to information, the right of access to a lawyer and the right to legal aid, as provided for under Directive 2012/13/EU, Directive 2013/48/EU and Directive (EU) 2016/1919. 

The booklets connect the European Union legal framework with concrete issues and challenges that arise when procedural rights are implemented in practice. For each of the rights covered, they present relevant legal standards, links to documents, manuals and other learning resources, examples of good practices, as well as practical challenges and possible responses in situations where a particular procedural right has not been adequately ensured. 

With regard to the right to information, the booklets address, in particular, the provision of information on procedural rights in a clear and understandable manner, the written Letter of Rights, information on the reasons for deprivation of liberty and the charges against them, and access to case materials. In relation to the right of access to a lawyer, they focus on access to legal assistance from the early stages of proceedings, particularly before questioning, as well as the importance of confidential communication between the lawyer and the suspect or accused person. They also address the right to legal aid and issues related to its effective provision. 

The booklets have been developed in six dedicated versions, tailored to the roles, practical contexts and specific needs of their respective audiences. They are intended for institutional stakeholders, lawyers, police officers, prosecutors, suspects and accused persons, and vulnerable persons. Each version therefore takes into account the specific circumstances and needs of its intended audience. 

By combining concrete guidance with user-friendly content, the booklets support institutions, organisations and professionals in their daily work, while also helping individuals better understand and exercise their procedural rights during the early stages of criminal proceedings. 

The booklets also draw on findings from workshops and roundtables held within the FULL-PROOF project, where professionals discussed concrete cases involving violations of procedural rights and exchanged experiences concerning the challenges they encounter in ensuring these rights in practice. 

They also present examples of good practices from EU Member States, including digital access to case files for lawyers, facilitating contact between lawyers and suspects or accused persons before the first questioning, and continuous professional education and training. 

Through these booklets, the FULL-PROOF project aims to help bridge the gap between procedural safeguards laid down in law and their effective implementation in practice, thereby contributing to more effective protection of the rights of suspects and accused persons. 

In addition to Slovenian, the booklets are available in seven other languages: Bulgarian, English, Italian, Polish, Portuguese, Romanian and Slovak. All booklets are available in PDF format, with audio versions also available in English.